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Ajit Kumar Rai & Another vs State Of Odisha

Orissa High Court · Decided on 18 September 2023 · Citation: (2023) 09 OHC CK 0123

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 120B, 380, 411, 457
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 8788 Of 2023
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Judgment

14 paragraphs · 349 words

V. Narasingh, J

1.

Heard learned counsel for the Petitioners and learned counsel for the State.

2.

The petitioners are accused in connection with G.R. Case No.262 of 2023, pending in the Court of learned S.D.J.M., Kuchinda, arising out of Jamankira P.S. Case No.45 of 2023 for alleged commission of offences under Sections 457/380/411/120-B of IPC.

3.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge, Kuchinda by order dated 27.07.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioners have been remanded in the case at hand on 24.05.2023 on the accusation of theft of LPG gas cylinders and regulators.

5.

Learned counsel for the Petitioners relies on the order dated 22.06.2023 in respect of the co-accused passed by this Court in BLAPL Nos.6472, 6474 & 6536 of 2023 and by order dated 23.06.2023 in BLAPL No.6629 of 2023 and seeks release inter alia on the ground of parity.

6.

Affidavits have been filed at the behest of the Petitioners regarding the criminal proclivity of the Petitioners which is taken on record.

7.

It is submitted by the learned counsel for the Petitioners that charge sheet has been filed on 11.07.2023. Hence, further continuance of the Petitioners in custody is unwarranted.

8.

Learned counsel for the State opposes the prayer for bail in view of the criminal antecedent of the Petitioners.

9.

Taking into account the filing of the charge sheet and release of the co-accused, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

10.

Additionally, it is directed that petitioners shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

11.

Accordingly, the BLAPL stands disposed of.

12.

Urgent certified copy of this order be granted as per rule.

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